[Amended 3-4-1976; 3-8-1977; 11-16-2022]
The entire administration of all fiscal, prudential and municipal
affairs of the City of Lebanon shall, except as otherwise provided,
be vested in a City Council of nine Councilors, elected as provided
in Section 7. Vacancies occurring in the office of councilor at any
time after the election of a candidate thereto, and from a failure
to elect thereto, shall be filled by the remaining councilors, who,
by majority vote and within thirty days, shall appoint some qualified
person to fill the vacant seat until the next municipal election,
at which time a councilor shall be elected to fill the unexpired term.
The office of any ward council member shall be deemed vacant if said
member takes up residence in any ward other than the one from which
they were elected. The city clerk shall act as clerk of council.
[Amended 11-6-1973; 11-16-2022]
Each year the council shall elect one of its members mayor at
its first meeting after the terms of office of the newly elected members
begin. A majority vote of all members of the council is necessary
for election of the mayor. The mayor shall preside at council meetings
and may speak and vote at those meetings. The mayor shall be head
of the city for all ceremonial purposes. The mayor and council voting
as a unit, neither with a veto over the other, shall make appointments
of members of the Lebanon Housing Authority and the Zoning Board of
Adjustment. All other administrative duties prescribed by the general
statutes shall be exercised by the manager. Nothing in this section
shall be construed to take away the manager's power to appoint all
administrative officers listed in Section 32 of this chapter, or his
or her power to appoint a member of the personnel advisory board under
Section 53 of this chapter, or the manager's power to appoint an administrative
official of the city to the Planning Board, or the manager's general
power to appoint any administrative officers authorized under any
ordinance. Each year the council shall elect from its members an assistant
mayor who shall act as mayor during the absence or disability of the
mayor, and if a vacancy occurs, shall become mayor for the completion
of the unexpired term.
[Amended 3-4-1976; 11-16-2022]
Any person may be a candidate for election as councilor provided
said person is a duly qualified voter in the city and has been a resident
of the city for at least two years immediately preceding the election.
No person in default to the city shall be eligible for election to
the council.
[Amended 3-4-1976]
No councilor, shall, while in office, receive any pay or compensation
of any sort, either as councilor or for any other personal services
rendered for the benefit of the city, or be employed by the city,
or any department or branch thereof, for any compensation, excepting
that this provision shall not apply to compensation of call members
of the fire department.
[Amended 3-4-1976]
No councilor, or other official of the city, shall sell to or
buy from the city any goods or commodities while in office other than
by open competitive public bid.
[Amended 3-14-1978 and 3-10-1998]
All meetings of the council shall be public and in compliance
with the New Hampshire Right-to-Know Law, RSA Chapter 91:A. Nonpublic
sessions may be held only as permitted under RSA Chapter 91:A. Regular
meetings shall be held on such day of each month at such time as the
council shall, from time to time, by ordinance or resolutions direct,
and at such other times as are required by this charter. Special meetings
may be had upon notice delivered to each councilor by the city clerk
at the request of the mayor, the manager or a majority of the councilors.
The council shall establish its own rules. A majority of the council
shall constitute a quorum for the transaction of business.
[Amended 3-8-1977]
Municipal legislation shall be by ordinance. Each ordinance
shall be identified by a number and a short title. The enacting clause
shall be "The City of Lebanon ordains" and the effective date of each
ordinance shall be specified in it. All ordinances shall be recorded
in full uniformly and permanently by the city clerk and each ordinance
so recorded shall be authenticated by the signature of the mayor and
the city clerk. Each ordinance shall be reviewed by the city council
every five years, and revised where determined necessary. Ordinances
shall be published and compiled in such manner and at such time as
the council shall determine.
The city council created by this act shall, except as here in
otherwise provided, have all the powers and do and perform in reference
to each other or otherwise, all the duties which mayors, boards of
aldermen and common councils of cities and selectmen of towns are
by law authorized or required to do and perform, either separately
or otherwise, except insofar as such powers or duties are inconsistent
with other provisions of this charter or with powers or duties specifically
transferred to the manager, and all provisions of statutes pertaining
to the duties or powers of aldermen or common councils, separately
or otherwise, shall be construed to apply to said city council, except
insofar as a contrary intention appears in this act or insofar as
they may be inconsistent with other provisions of this charter or
with powers or duties specifically transferred to the manager.
[Adopted 11-2-1982, effective 1-1-1983]
Citizens may propose a measure with an initiative petition signed
by qualified voters equal in number to ten percent of the votes cast
in the last gubernatorial election. When said petition is complete,
as certified by the city clerk to have met the above requirements,
said proposed measure, shall be submitted to the city council requesting
the city council to pass proposed measure without alteration; if said
proposed measure be not passed without alteration within twenty days
after the date of the Clerk's certification, then such proposed measure
without alteration shall be submitted by the city council to the vote
of qualified voters at the next municipal election. If a majority
of the qualified voters voting on any proposed measure, and which
falls within the lawful rights and powers of the city, shall vote
in favor thereof, same shall thereafter go into effect on the first
day of the next succeeding municipal year.
[Amended 3-13-1984, effective 9:1984]
In lieu of proposing a binding initiative, citizens may propose
a non-binding measure providing they file a petition signed by qualified
voters equal in number to 10 percent of the votes cast in the last
gubernatorial election. If a majority of the qualified voters voting
on any non-binding measure shall vote in favor thereof, then such
vote shall constitute an advisory opinion to the city council. The
provision of any ordinance passed by the city council dealing with
binding initiative petitions shall also apply to non-binding initiative
petitions.
The city council of the City of Lebanon is hereby empowered
to fix a scale of salaries to be paid to all officials and agents
of the City of Lebanon in accordance with the provisions of Section
52 in this Charter.
[Amended 3-14-1978]
No ordinance of said city council relating to a scale of salaries
as above set forth shall be valid until it has had three separate
presentations in said council, only one presentation at any meeting
of said council, and shall have received the votes of at least two-thirds
of all members elected to said council upon its final passage.
[Amended 3-8-1977; 11-16-2022]
The city council shall appoint an officer of the City of Lebanon
who shall have the title of city manager and who shall have the powers
and duties hereinafter provided. The city manager shall be appointed
for an indefinite term by the votes of two-thirds of the members of
the council.
[Amended 3-8-1977; 11-16-2022]
The manager shall be chosen solely on the basis of the candidate
for manager's executive and administrative qualifications but the
candidate for manager need not be a resident of the city or state
at the time of their appointment. During the city manager's tenure
of office, the city manager shall reside within the city. No person
who has within three years held elective or appointive office in the
City of Lebanon shall be chosen manager.
[Amended 3-14-1978; 11-16-2022]
The manager may be removed by a two-thirds vote of the members
of the council as herein provided. At least 90 days before the proposed
removal of the manager, the council shall adopt a resolution stating
its intention to remove the manager and the reasons therefor, a copy
of which shall be served forthwith on the manager who may, within
ten days, demand a public hearing in which event the manager shall
not be removed until such public hearing has been held. Upon or after
passage of such resolution, the council may suspend the manager from
duty, but the manager's pay shall continue until the manager's removal.
In case of such a suspension, the council may appoint an acting manager
to serve at the pleasure of the council for not more than 90 days.
If the manager chooses to leave the city's employ of voluntarily,
the city manager shall notify the council at least 90 days before
the manager's planned departure. The action of the council in removing
the manager shall be final.
[Amended 11-4-1986, effective 1-1-1987; amended 11-16-2022]
Neither the council nor any of its members shall direct or request
the appointment of any person to office or employment, or the removal
therefrom by the manager or any of the administrative officers except
that the council shall have the power to appoint and remove the board
of adjustment. In addition to appointing a council representative
to the planning board, the council shall, by majority vote, appoint
members of the planning board upon nomination by the city manager.
However, members of the council may state objections to the appointment
of any person proposed by the manager as provided in Section 31 of
this Charter. Neither the council nor any member thereof shall give
orders to any of the administrative officers either publicly or privately.
Any violation of the provisions of this section by a councilor shall
be a misdemeanor, a conviction of which shall constitute immediate
forfeiture of office.
[Amended 3-14-1978; 11-16-2022]
The city manager shall be the chief executive and administrative
officer of the city government, and shall carry out the policies laid
down by the city council. The city manager shall be responsible to
the city council for the proper administration of all affairs of the
city, except the school department, but including the preservation
of the public health, the public safety of all citizens and their
property and management of all municipally owned utilities and be
in responsible charge of the maintenance, care, construction or otherwise
of all streets, highways, bridges, sewers, parks, playgrounds, buildings
and all other municipally owned structures. The city manager shall
keep the council informed of the condition and needs of the city and
shall make such reports as may be required by law, this charter or
ordinance, or may be requested by the council, and such other reports
and recommendations as he may deem advisable, and perform such other
duties as may be prescribed by this charter, or required of the manager
by ordinance or resolution of the council not inconsistent with this
charter. The city manager shall have and perform such other powers
and duties not inconsistent with the provisions of this charter as
are or here after may be conferred or imposed upon the city manager
by municipal ordinance or upon mayors of cities by general law. The
city manager shall have the right to take part in the discussion of
all matters coming before the council but not the right to vote.
[Amended 11-16-2022]
The manager shall have the power to appoint and remove, subject
to the provisions of this charter, all officers and employees in the
administrative service of the city; but the manager may authorize
the head of a certain department or office responsible to the city
manager to appoint and remove subordinates in such department or office.
It shall be the duty of the manager to furnish the council in writing
with the identity of any person whom the manager proposes to appoint
as the head of any department or office at least ten days prior to
the date on which the appointment is to be made. If the council has
any objection to the person proposed by the manager for appointment,
it shall certify its objections to the manager in writing within said
ten day period. All appointments shall be without definite term unless
for provisional, temporary or emergency service not to exceed the
maximum periods which may be prescribed by the rules and regulations
of the merit plan.
[Amended 3-8-1977 and 11-14-1986, effective 1-1-1987; amended 11-16-2022]
The manager shall appoint a city clerk, fiscal account clerk
for the department of finance assessor or assessors, treasurer, tax
collector, fire chief, police chief, health officer, civil defense
director, and such other officers as the city manager deems necessary
to administer all departments which the council shall establish, which
departments shall replace all existing departments, boards and commissions,
except as herein specifically accepted. The duties of any two or more
such officers may be combined in one officer except that the office
of fiscal account clerk for the department of finance shall not be
combined with the office of the treasurer. The powers and duties of
these officers and heads of departments so appointed shall include
those prescribed by state law, by this charter or by ordinance.
[Amended 3-8-1977; 11-16-2022]
The first manager under this charter shall draft and submit
to the council within six months after assuming office an ordinance
dividing the administrative service of the city into departments,
divisions and bureaus and defining the functions and duties of each.
After the adoption of the ordinance, upon recommendation of the manager,
the council by ordinance may create, consolidate, or abolish departments,
divisions and bureaus of the city and define or alter their functions
and duties. Such ordinance shall be known as the "Administrative Code."
Each officer shall have supervision and control of their own department
and the employees therein and shall have power to prescribe rules
and regulations, not inconsistent with general law, this charter,
the administrative code and the rules and regulations of the merit
plan.
All commissions as constituted and existing at the time of the
adoption of this charter shall continue to exist hereunder until such
time as they may be consolidated or abolished pursuant to Section
33 above, but their authority as previously prescribed by law or ordinance
is hereby repealed and hereafter they shall serve only in an advisory
capacity to the council in matters of policy affecting their respective
jurisdiction and to the manager in matters of administration relating
thereto.
The administrative code shall establish purchasing and contract
procedure including the assignment of all responsibility for purchases
to a single person, the combination of purchasing of similar articles
for different departments and purchasing by competitive bids whenever
practical.
The fiscal and budget year of the city shall begin on the first
day of January unless another date shall be fixed by ordinance.
[Amended 3-8-1977]
The department of finances shall maintain accounting control
over the finances of the city, make financial reports and perform
such other duties as may be required by the administrative code. No
bill against the city shall be approved by the city manager until
the department of finance has audited and approved the same and certified
that said bill was lawfully contracted, that the prices charged for
all goods and materials are reasonable, that the goods or materials
were actually received by the city and that it is in favor of a person
legally entitled to receive payment for the same.
[Amended 3-8-1977; 11-16-2022]
If the Department of Finance or any member thereof provided
for under Section 37 above, shall knowingly make a false certification
in any case provided for in Section 37 or approve any bill when the
appropriation, as provided for in Sections 42 and 43 of this chapter,
for which the same should be paid is exhausted, such false certification
shall constitute a misdemeanor, and the person(s) responsible shall
be fined not exceeding two hundred dollars or imprisoned not exceeding
six months or both.
[Amended 3-8-1977; 11-16-2022]
If the disbursing officer of the city shall pay out any money
from the city treasury except on order of the city manager after approval
by the department of finance, such unauthorized payment shall constitute
a misdemeanor and the person(s) responsible shall be fined not exceeding
two hundred dollars or imprisoned not exceeding six months, or both,
and shall be personally bound to refund to the city any sum so paid.
[Amended 3-14-1978; 11-16-2022]
At such time as may be requested by the manager or specified
by the administrative code, each officer or director of a department
shall submit an itemized estimate of expenditures for the next fiscal
year for the departments or activities under their control. The manager
shall submit the proposed budget to the council no later than October
31, annually.
A public hearing on the budget shall be held before its final
adoption by the council, at such time and place as the council shall
direct, and notice of such public hearing together with a summary
of the budget as submitted shall be printed in a newspaper published
or circulated locally, once a week in two successive calendar weeks,
the last publication being at least seven days, including the day
of publication, before the public hearing.
[Amended 3-14-1978]
The budget shall be finally adopted no later than December 31,
annually. Should the council take no final action on or prior to such
day, the budget as submitted by the city manager shall be deemed to
have been finally adopted by the council.
No appropriations shall be made for any purpose not included
in the annual budget as adopted unless voted by two-thirds majority
of the council after a public hearing held to discuss said appropriation,
and notice of such public hearing shall be printed in a newspaper
published or circulated locally, once a week in two successive calendar
weeks, the last publication being at least seven days including the
day of publication before the public hearing. The council shall by
resolution designate the source of any money so appropriated.
[Amended 11-16-2022]
At the beginning of each quarterly period during the fiscal
year and more often if required by the council, the manager shall
submit to the council data showing the relation between the estimated
and actual income and expenses to date, together with outstanding
indebtedness and estimated future expenses and if it shall appear
that the income is less than anticipated, the council or manager may
reduce the appropriation, for any item or items, except amounts required
for debt and interest charges, to such a degree as may be necessary
to keep expenditures within the cash income. The manager may provide
for monthly or quarterly allotments of appropriations to departments,
funds or agencies under such rules as the manager shall prescribe.
[Amended 3-14-1978; 11-16-2022]
After the budget has been adopted, no money shall be drawn from
the treasury of the city, nor shall any obligation for the expenditure
of money be incurred, except pursuant to a budget appropriation unless
there shall be a specific additional appropriation therefor. The head
of any department with the written approval of the manager, may transfer
any unencumbered balance or any portion thereof from one fund or agency
within their department to another fund or agency within their department.
The manager, with the approval of the council, may transfer any unencumbered
appropriation balance or any portion thereof from one department to
another.
[Amended 3-14-1978]
The council shall designate the depository or depositories for
the city funds. The council may provide for such security for the
city deposits as it may deem necessary except that personal surety
bonds shall not be deemed proper security.
[Amended 3-14-1978]
An independent audit shall be made of all accounts of the city
government at least annually and more frequently if deemed necessary
by the council. Such audit shall be made by certified public accountants
experienced in municipal accounting or a public accountant licensed
by the state of New Hampshire under RSA 309:A:8[1] to conduct its annual audit. An abstract of the results
of such an audit shall be made public. An independent audit shall
also be made by an independent auditing firm as required above to
make an annual audit of all trust funds established within the city.
An annual report of the city's business shall be made available.
[1]
Editor's Note: Repealed. See now RSA 309:B.
[Amended 11-16-2022]
Any city officer elected or appointed by authority of this charter
may be required by the council to give a bond to be approved by the
city solicitor for the faithful performance of the duties of their
office but the manager and all officers receiving or disbursing city
funds shall be so bonded. All official bonds shall be corporate surety
bonds and the premiums thereon shall be paid by the city. Such bonds
shall be filed with the city clerk.
Subject to the applicable provisions of state law and the rules
and regulations provided by ordinance in the administrative code,
the council, by resolution, may authorize the borrowing of money for
any purpose within the scope of the powers vested in the city and
the issuance of bonds of the city or other evidence of indebtedness
therefor, and may pledge the full faith, credit and resources of the
city for the payment of the obligations created thereby. Except in
the case of borrowing in anticipation of taxes, borrowing for a term
exceeding one year or in an amount of twenty thousand dollars or more
shall be authorized by the council only after a public hearing held
to discuss such borrowing, and notice of such public hearing shall
be printed in a newspaper published or circulated locally, once a
week in two successive calendar weeks, the last publication being
at least seven days including the day of publication before the public
hearing. In no event shall the term of such bonds exceed the limitations
imposed by state law.
